Jatayu Enterprises Services ... vs State Bank Of India Through Its ...
2022 Latest Caselaw 1519 Del

                                      $~14
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                      Judgment delivered on: 10.05.2022

                                      +      ARB.P.829/2021

                                      JATAYU ENTERPRISES SERVICES THROUGH ITS AUTHORIZED
                                      SIGNATORY                    ..... Petitioner

                                                                    versus

                                      STATE BANK OF INDIA THROUGH ITS MANAGING
                                      DIRECTOR/CHAIRMAN & ORS.              ..... Respondents
                                      Advocates who appeared in this case:

                                      For the Petitioner:   Mr. M.S.Oberoi, Advocate (through VC).
                                      For the Respondent:   Mr. Siddharth Sangal and Ms. Nilanjani Tandon, Advocates.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                            JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks appointment of an arbitral Tribunal and reference of disputes pursuant to the agreement for provision of caretaking services as per agreement dated 12.05.2012 to the Tribunal.

2. Learned counsel for the respondent submits that the original agreement dated 12.05.2012 was for a limited period and thereafter fresh agreements were executed from time to time.

3. Respondent has filed an additional affidavit contending that after the initial agreement dated 12.05.2012, agreements were signed in 2014 on a stamp paper dated 16.08.2014 and thereafter signed on 30.04.2015 and

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:10.05.2022 Signing Date:11.05.2022 11:22:04 21:43 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

01.05.2016.

4. Perusal of the agreement filed by the petitioner as also by the respondents shows that all the agreements contain identical arbitration clauses.

5. Learned counsel for the respondent submits that some of the claims are barred by limitation and he reserves the right to raise the dispute with regard to maintainability as well as limitation before the arbitral tribunal.

6. It is thus clear that parties have agreed to settle all their disputes through the process of arbitration. Consequenlty, the parties are referred to arbitration.

7. With the consent of the parties and without prejudice to their rights and contentions, Mr. J.P.Sengh, Senior Advocate (Mobile # +91 98100 34286) is appointed as the Sole Arbitrator to adjudicate the claims and counter claims, if any, of the parties.

8. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

9. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

10. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J.

                                      MAY 10, 2022/rk



                                                                                                        Digitally Signed
Signature Not Verified                                                                                  By:JUSTICE SANJEEV
Digital Signed By:KUNAL                                                                                 SACHDEVA
MAGGU                                                                                                   Signing Date:10.05.2022
Signing Date:11.05.2022 11:22:04                                                                        21:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.